Yes, it does. Read on. Your Omaha Chapter 13 bankruptcy attorney selection makes a HUGE difference in the ultimate outcome of your case. It takes years of actual experience in the trenches of the Chapter 13 bankruptcy world to have an understanding of what is going on. It’s just one of those areas of law that you can’t bluff your way through. Why? Because the Chapter 13 laws are very complicated, confusing and often times don’t mean what they appear to say. Although the law may say one thing that seems pretty obvious to the average person, the federal bankruptcy and appellate courts frequently have an entirely different interpretation of the meaning of a particular statute. Even if your particular judge sees an issue your way, he or she may be required to rule differently because a higher court has set the standard of interpretation in a previous case. Lower courts are obligated to follow the interpretations of higher courts in their area (called circuits….Omaha is in the 8th Circuit) and your bankruptcy attorney in Omaha has to know these decisions and how they interplay with each other.

Judicial interpretation of the laws passed by Congress is a tough job. The courts try to do their best to render justice but it’s a very tricky business. For example, sometimes Congress passes laws that are, truthfully, impossible or overly burdensome to implement. Or, alternatively, Congress may have passed a law that solved one problem…..but they failed collectively to see how another, perhaps larger, problem was created as a result. Or, yet another situation is when Congress updates, reforms or amends an existing law without adequately understanding how the various sections of the old law worked together. This last situation is what happened when the bankruptcy laws were amended in 2005. It was not a totally new law. Rather, it was akin to half-way rebuilding an engine with some new parts made by another manufacturer! The engine still runs, but I have to tell you, it’s not pretty, it doesn’t sound very smooth and it looks pretty weird. And, it drives unpredictably and not safe at certain speeds.

So, practicing Chapter 13 bankruptcy is just like driving a quirky car with sensitive brakes, steering, suspension…….you get the picture. Driving such a car is doable and you can potentially get from point A to point B, but you have to know how to handle the car and it likely will require some pit stops along the way. It is also extremely important when driving the Chapter 13 car that you AVOID certain roads and dead ends. Yes, those roads and dead end streets are actually on the map, but they are a very, very bad idea to follow if you want to get to your destination. An inexperienced or unwise Chapter 13 bankruptcy attorney in Omaha may not know what lies ahead. Good judgment, careful driving skills, a respect of law enforcement and a sound knowledge of the Chapter 13 roads are essential to get to point B (a Chapter 13 discharge).

If you are about to go on a Chapter 13 trip, make sure that your driver is up to “speed”. Does it matter which driver I choose? It most definitely does!

This site is not intended to constitute legal advice, nor does it create an attorney-client relationship. The materials on this site are not guaranteed to be complete or current, and they should not be relied on as a substitute for legal advice. This site conveys general information related to bankruptcy law in Omaha, Papillion, Bellevue, Gretna, Council Bluffs and surrounding communities. If you are contemplating or involved in any matter in which legal advice or other expert assistance is required, the services of a competent professional should be sought. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.